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Patna High Court

Sachidanand Sinha @ Sachidanand Singh @ Satish GaraiversusThe State Of Bihar

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as no near relative filed an application for leave to continue the appeal.

Summary

The appellant, Sachidanand Sinha, died during the pendency of his criminal appeal. The court examined letters and reports confirming his death, including a death certificate. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant dies and no near relative files an application to continue it. Since no such application was filed, the court held that the appeal stands abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.
  • Whether Section 394 of the Code of Criminal Procedure, 1973 (or its equivalent Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) mandates abatement of the appeal.

Legislation cited

Subjects

  • appeal abatement
  • death of appellant
  • Section 394 CrPC
  • Section 435 Bharatiya Nagarik Suraksha Sanhita
  • criminal appeal
  • high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.365 of 2013
                  Arising Out of PS. Case No.-148 Year-2000 Thana- KARAI PARSURAI District- Nalanda
                 ======================================================
                 Sachidanand Sinha @ Sachidanand Singh @ Satish Garai S/O Late
                 Ramprasad Garai Resident Of Village- Lalbigha, P.S.- Sahpur In The District
                 Of Nawada.

                                                                                 ... ... Appellant/s
                                                      Versus
                 The State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Deepak Kumar, Adv.
                 For the Respondent/s    :       Mr. Bipin Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   17-04-2026                 Perused the Letter No. 616 dated 09.03.2026 of the

                   Superintendent of Police, Nalanda along with the Report dated

                   06.03.2026 of Superintendent of Police, Nawada and the Report

                   dated 02.03.2026 of the Sub-Inspector of Police, Sahpur Police

                   Station, Nawada as well as the death certificate issued by the

                   Department of Planning and Development, Government of

                   Bihar; wherein it is indicated that during enquiry it came to light

                   that the sole appellant, namely, Sachidanand Sinha @

                   Sachidanand Singh @ Satish Garai, is dead.

                               2. In view of the said letter as also Section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
             Patna High Court CR. APP (DB) No.365 of 2013(3) dt.17-04-2026
                                                         2/2




                       since no near relative has filed any application for leave to

                       continue the appeal, the Criminal Appeal stands abated and

                       disposed of.

                                    3. Let the trial court record be sent back to the

                       concerned court immediately, if not required in any other cases.



                                            (Sangam Kumar Sahoo, CJ)


                                                   (Harish Kumar, J)
supratim/-

U      T


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